31974R3152
14. 12. 74 Official Journal of the European Communities No L 334/23
REGULATION ( EEC) No 3152/74 OF THE COMMISSION of 13 December 1974 opening a new invitation to tender for the mobilization of common wheat as aid for the Republic of Peru
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender Having regard to the Treaty establishing the European for the supply of common wheat to the Republic of Economic Community ; Peru ;
Having regard to Council Regulation No 120/ Whereas the Belgian intervention agency should be 67/EEC (1 ) of 13 June 1967 on the common organiza made responsible for the tendering procedure in ques tion of the market in cereals, as last amended by Regu tion ; lation (EEC) No 1 996/74 (2) ; Whereas the Commission must be informed quickly Having regard to Council Regulation (EEC) No of the tenders submitted in response to the invitation 1 693/72 (3) of 3 August 1972 laying down the condi tions for the mobilization of cereals as food aid, and and of those accepted by the intervention agency ; in particular Article 6 thereof ; Whereas the measures provided for in this Regulation Whereas on 21 March 1974 the Council of the Euro are in accordance with the Opinion of the Manage pean Communities declared that by way of Commu ment Committee for Cereals, nity action it proposed to grant the Republic of Peru 5 000 metric tons of common wheat under the 1973 /74 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas the invitation to tender opened in the Community under Commission Regulation ( EEC) No 2597/74 (4) of 11 October 1974 opening an invitation Article 1 to tender for the mobilization of common wheat as food aid for the Republic of Peru was not allocated ; whereas a new invitation to tender should therefore be 1 . Tenders are hereby invited for the supply, by opened ; way of Community food-aid action , to the Republic of Peru , of 5 000 metric tons of common wheat. Whereas an analysis of the state of the cereals market with reference to cereals intervention in Belgium indi 2. The tendering procedure shall take place in cates that the criteria of Article 3 (2) of Council Regu Belgium in one lot. lation (EEC) No 1693/72 should be applied and that the intervention agency of the Member State as speci 3 . The product shall be mobilized by the Belgian fied should mobilize the cereals from those stocked in intervention agency from the stores specified in the its own stores and should also determine the condi Annex . tions of mobilization ; 4. Loading shall take place for shipment from any Whereas tenders should be invited for the supply of Community port . the product to the port of shipment in the vicinity of the vessel , the goods to be set down at the place nomi nated by the recipient or its agent ; 5 . The product referred to in paragraph 1 is to be delivered in bulk to the port of shipment in the Whereas the contract should be awarded to the vicinity of the vessel . The goods must be set down at tenderer offering the best terms ; the place nominated by the recipient country or its agent, the timing of delivery being settled by the Whereas in case it should be impossible for reasons of tenderer and the recipient country's agent. force majeure to complete the operations in question within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; Article 2
(') OJ No 117, 19 . 6. 1967, p . 2269/ 67. 1 . The decision on tenders received in response to (2) OJ No L 209, 31 . 7. 1974, p. 1 . (3) OJ No L 178 , 5. 8 . 1972, p. 3 . the invitation provided for in Article 1 shall be taken (4) OJ No L 277, 12. 10 . 1974, p. 27. on 30 December 1974 .
No L 334/24 Official Journal of the European Communities 14 . 12 . 74
2. The closing date for the receipt of tenders shall Article 7 be 30 December 1974 at 12 noon . 1 . The Belgian intervention agency shall be respon 3 . The notice of invitation to tender shall be sible for operations relating to the invitation to tender published in the Official Journal of the European provided for by this Regulation . Communities, not less than nine days before the closing date for submission of tenders. 2 . It shall forthwith communicate to the Commis sion the list of firms which have responded to the invi tation to tender, specifying the terms of each tender, Article 3 together with the name and business name of the successful tenderer . The contract shall be awarded to the tenderer who makes the most favourable offer . 3 . On the other hand, if the successful tenderer is established in a Member State other than the one collecting the tenders, and if the product is dispatched However, if the tenders submitted do not appear to through a frontier post of the Member State where the reflect normal market prices and costs, the interven successful tenderer is ' established, the intervention tion agency may cancel the invitation to tender. agency of the latter Member State shall be responsible for the operations relating to the tendering.
Article 4 In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter If the tenderer is unable to deliver the goods in vention agency of the Member State concerned and compliance with Article 1 (5) on the date given in the shall supply it with all the information which it may notice of invitation to tender as a result of the late require . availability of the vessels to be used for sea transporta tion , the resulting costs shall be borne by the interven 4. The intervention agency shall request the tion agency. successful tenderer to supply the following informa tion :
Article 5 (a) after each shipment a certificate showing the quan tities dispatched and the quality of the products ;
1 . The successful tenderer shall give security of a (b) the date of departure of the vessels . value of five units of account per metric ton of the product ; the security is intended to guarantee that the The information indicated above shall be forwarded operations specified in Article 1 are duly completed. by the intervention agency to the Commission imme The security shall be forfeited if those operations are diately upon receipt . not carried out within the prescribed time limit, save as regards quantities not delivered owing to force majeure. Article 8 2 . The security required under paragraph 1 may be provided in the form of a cash deposit or of a On delivery of the goods at the port of shipment, a guarantee issued by a credit institution conforming to handing-over certificate shall be supplied to the criteria laid down by each Member State . successful tenderer, acting as agent for the Commu nity, by the agent of the recipient country, or, in the absence of the latter, by the intervention agency of the Article 6 Member State in whose territory the port of shipment is situated . The common wheat referred to in Article 1 to be supplied to the Republic of Peru must be of fair and sound merchantable quality and correspond at least to Article 9 the standard quality for which the intervention price is fixed, except that the moisture content shall not exceed 1 5 % and that a maximum of 3 % of sprouted This Regulation shall enter into force on the day of its • grains and 1-5 % of miscellaneous impurities shall be publication in the Official Journal of the European p allowed . Communities.
14. 12. 74 Official Journal of the European Communities No L 334/25
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 13 December 1974. For the Commission
The President Francois-Xavier ORTOLI
ANNEX
Number of lot Port of shipment Metric tonnage fob Town at which stored
1 Any Community port 5 000 whereof : 2 600 Racour 2 400 Liège